HELP PLEASE WITH COUNTY COURT CLAIM - lantern dedt recovery/moriarty law ltd

[marbec]

okay im going todo my defence now. it seems lantern have snt me information on email and i need to put in my date of birth to view this information and it says its important so could this possible the things i requested be sent to me

[echat11]

okay im going todo my defence now. it seems lantern have snt me information on email and i need to put in my date of birth to view this information and it says its important so could this possible the things i requested be sent to me

Yes that would be the information you requested. Go through the information for any anomalies.

If you have a go at doing your defence, copy and paste it without personal details replace personal details with XXXXXXX, then I can take a look.

[marbec]

okay so i have finished with my defence only bits i didnt understand was number 4 on the defence template so i removed that one not sure if okay and i also was thinking do i need to send this to the courts and solicitors if uploading my defence online with that mcol site?

[echat11]

okay so i have finished with my defence only bits i didnt understand was number 4 on the defence template so i removed that one not sure if okay and i also was thinking do i need to send this to the courts and solicitors if uploading my defence online with that mcol site?

a) Do you want me to take a look at it?

b) only bits i didnt understand was number 4 on the defence template so i removed that one not sure if okay

No. 4, you need to put the following:

4.It is admitted that the Defendant has previously entered into an agreement with QuickQuid for provision of credit.

c) also was thinking do i need to send this to the courts and solicitors if uploading my defence online with that mcol site?

You can send it to the Court via MCOL, you also need to send a copy to the Creditors solicitors, make sure you get Proof of Postage.

[marbec]

okay i will go other the documents they have sent to me and amend my defence with the suggestions you made above then i will get it uploaded with my details removed

[marbec]

In the Northampton County Court Business Centre
Claim No: XXXXXXXX

XXXXXXXX
Claimant
And
XXXXXXXXX
Defendant
DEFENCE
1.The Defendant received the claim XXXXXXX from Northampton County Court on XXXXXXX
2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3.This claim appears to be for a Loan agreement regulated under the Consumer Credit Act 1974.
4. .It is admitted that the Defendant has previously entered into an agreement with CASHEURONET LLC T/A QUICKQUID for provision of credit.
5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
6.The Claimant’s Particulars of Claim states the agreement was entered into on 18/01/2016]
7.The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years
8. The Claimant’s Particulars of Claim states that the account was assigned from CASHEURONET LLC T/A QUICKQUID to LANTERN DEDT RECOVERY on 24/07/2021 The Defendant does not recall receiving notice of this assignment.
9.It is denied that CASHEURONET LLC T/A QUICKQUID served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.
10.On the 18/05/2022 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to MORIARTY LAW LTD. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
11.MORIARTY LAW LTD has not sent any of these documents to the Defendant.
12.On the 18/05/2022 The Defendant sent a formal request for a copy of the original agreement to LANTERN DEBT RECOVERY pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.
13.The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.
14. The Defendant have asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but they have declined stating account is on hold
15.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
16.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.
17.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.
18.It is denied that the Claimant is entitled to the relief as claimed or at all.

Signed ________________________________
Dated ________________________________

[marbec]

I've just had a letter back off the courts saying they have received my defence and will send a copy to the claimant but I also sent them a copy by recorded delivery

It also says the claimant might contact me to make a deal snd ifvwe cant come to an arrangement it will ho to court in 28 days

[echat11]

I've just had a letter back off the courts saying they have received my defence and will send a copy to the claimant but I also sent them a copy by recorded delivery

It also says the claimant might contact me to make a deal snd ifvwe cant come to an arrangement it will ho to court in 28 days

Once the Claimant gets your Defence, they have 28 days to respond to it. Depending on what they comeback with. Both parties will be sent an Directions Questionnaire, which needs to be filled in, a copy must be sent to the other side. There maybe mediation if both sides agree to it (it's a free service).

[marbec]

ok well im still waiting for the correct documents that was requested as upto now they've sent things relating to a totally different account and some kind of payment plan that i have not seen before or agreed too.

when they send the documents to prove the debt i will mediate with them until then i hope judge says i dont owe the money if they havent provided anything plus the debt from 2016

[marbec]

i decided to ring the solicitors moriarty law and act little dumb about the situation which wasnt hard they basically explained that a questionnaire will be on my way to fill in and send back but was then quick to suggest my best option was to accept a discounted offer of £350 over 3 months to settle the account today and avoid the judgement.

i politely declined the offer and said i will await the response by post but i think i got what i needed from the call as surely the fact they offering a discount at this stage proves they havent got the required paperwork to enforce this?

[echat11]

i decided to ring the solicitors moriarty law and act little dumb about the situation which wasnt hard they basically explained that a questionnaire will be on my way to fill in and send back but was then quick to suggest my best option was to accept a discounted offer of £350 over 3 months to settle the account today and avoid the judgement.

i politely declined the offer and said i will await the response by post but i think i got what i needed from the call as surely the fact they offering a discount at this stage proves they havent got the required paperwork to enforce this?

Lets see what they say and send and proceed from there, but it sounds promising.

[marbec]

ok so i have had my head in the sand for past few weeks not dealing with my mental health to well buy i had a letter from moriarty law stating they have enclosed the relevant documentation to the above stated case, then say the client is willing to settle this out of court or through via the small claims mediation service and i should contact them to discuss.

the documents they have sent is standard european consumer credit information ("SECCI") this doesnt seem to have my name on it but state a loan agreement and payment plan for original 100 loan i took out with them this was most likely payed then they kept offering more money loan after loan until i couldnt afford.

then they have provided a fixed sum loan agreement regulated by the consumer credit act 1974 this agreement is for the same 100 loan i first took out and does state my name and the date it was took out january 2016.

i have a letter from the courts saying notice of proposed allocation to the small claims track and i need to complete a small claims directions questionnaire by the 11th july

so since i did not deal with this quickly due to down period i dont have much time so any advice would be welcome my feelings are i might lose this case not sure as they have provided a credit agreement very late in the process

[marbec]

Lets see what they say and send and proceed from there, but it sounds promising.

if you have any advice on the above i would be grateful

[echat11]

if you have any advice on the above i would be grateful

You've received a Directions Questionnaire, that needs to be filled in, a copy needs to be sent to the Court and a copy needs to be sent to Moriarty Law.

Make sure you get Proof of Postage. If you are happy that you have received the requested documents and they are correct (go through them, also clearly there was a matter of affordability) , then request mediation on the Directions Questionnaire.

[marbec]

Okay i have received some of the documents that was requested not all of them but they've provided the original credit agreement now so I'm probably best making an agreement to pay as the judge will probably sidecwithbyhem now